What to do if positive motivation of employees to get vaccinated does not work or if the employee refuses to get vaccinated? The Czech law does not give employers very many tools in their hands.
In such cases, many employers order unvaccinated individuals to work from home. However, the Labour Code does not allow one-sided home office orders.
Another option available is to transfer the employee to another type of work. However, the transfer to another type of work for this reason is only possible by mutual agreement.
In practice, the introduction of mandatory testing for employees who do not have an exemption from mandatory testing (e.g. having contracted COVID-19) appears to be a viable option.
In fact, the employer is entitled to adopt all measures necessary as to ensure health and safety at work and to minimise any associated risks. In this context, the employer could also introduce regular testing, particularly in view of the worsening epidemiological situation. If the employer takes this step, it should be done during the employee's working hours, at the workplace and at the employer's expense.